Torts Outline
Torts: Socially unacceptable behavior
· Based on societal standards of how we expect people to behave for the safety and dignity of others
· Derived from the Social Contract Theory but very different
· Violation of Social Contract doesn’t necessarily mean it is a tort
· Rules are usually clear, simple, and easy to follow; common sense based
What is a Tort?
A tort is socially harmful conduct, recognized by the law, as sufficiently serious to support a cause of action (c/a) by one party against another for $ damages or injunctive relief (rulings of court that affects people’s behavior). Many things the law finds tortuous, the law finds criminal. Criminal law is about societal law and society’s rights. Tort law concerns the individual’s right.
Socially harmful conduct- conduct society has deemed unacceptable: expressed in statues, opinions by judges, opinions by juries. Tort law is dynamic and relies upon the changes within society. Not all socially harmful conduct is a tort.
The point of tort law:
· Compensation- Law compensates for injuries
· Deterrence- So as not to get sued (shoveling snow off your sidewalk so as to not get sued)
· Administering Justice- to prevent the law from being taken into an individual’s own hands
· Allocates Risk – who is responsible when an injury occurs (Product manufactures and strict liability)
Liability is based upon fault:
Hammontree v Jenner: Driver of a motor vehicle has a seizure – wasn’t liable because he had no reason to anticipate the seizure
· Strict liability, the π does not have to show that ∆ was at fault: does not apply to this case.
· In an action that should not result in damages and one injures another, no proof of fault must be shown by the π of the ∆
· Strict liability – liability w/o fault
· Negligence is a failure to exercise reasonable care. Foreseeability of injury is critical to negligence. Was not negligent because ∆ had n
st have entertained it in fact
· Π must prove the intent
· Exception (some juris): An institutionalized mentally disabled patient who cannot control or appreciate the consequences of his conduct cannot be held liable for injuries caused to those employed to care for the patient.
Talmage v Smith – ∆ threw a stick at one boy but hit another, was found liable for battery.
Transferred Intent
· Tort to Tort: ∆ wanted to assault A, but contacted A = intent to batter A
· Person to Person: ∆ wanted to batter A, but contacted B = intent to batter B
· Person/Tort to Person/Tort: ∆ wanted to assault A but contacted B = intent to batter B
· Applies to:
· Battery
· Assault
· False Imprisonment
· Trespass to Land
· Trespass to Chattels
